Advice needed! Tricky situation - PBS dependants

[sk17aaa]

Hi

I received my ILR (5 years Tier 2 route) this month. Thanks to contributors on this forum for their valuable inputs.

My wife and son are still under PBS Dependant Visa valid till Nov-2019

Their Immigration history:

Received Initial Leave to Remain (applied from India) - 15-March-2015
Entered UK on 26-September 2015

On 2 occasions they were out of UK for 180 + days

1. From 26-March 2016 till 25-Sep-2016 (My landlord didn't pay the mortgage and I was been told to vacate the house in 2 weeks by court order). So sent my wife and son back to my country - - 183 days
2. From 10-Oct-2016 till 26-April-2017(since then they are in UK) - 198 days

Question 1: Will this affect their ILR (as per new rule).
Question 2: when are they eligible of ILR? March 2020 or Sep 2020?

Please advise.

Thanks,

[zimba]

PBS dependants have NO absence limit unless their visa was issued on or after 11 Jan 2018
The eligibility counts from the visa issue date so March 2020

[sk17aaa]

Thanks Zimba.

Their current visa expires Nov 2019 and so needs a renewal. Does this renewal bring in the new rule to picture?

Also I just manage to read this document - https://assets.publishing.service.gov.u ... .0-EXT.pdf

In page 9 it says:

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12-month period.
The applicant does not need to provide evidence to demonstrate the reason for delayed entry.

If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

Can they still apply ILR in March 2020 as you stated?

Sorry to bother with too many question.

Thanks,

[CR001]

What your are quoting refers to main pbs visa holders and not dependents.

There is no absence limit for dependents and their qualifying period start from date of visa issue.

It is unclear how HO would view the more than 6 months delayed arrival as they clearly don't have almost 5 years residence. Many choose to be safer and apply closer to entry date when the gap between visa issue and entry is so big.

[sk17aaa]

Thanks CR001. Appreciate your reply.

I will stay on the safer side, given the unknowns.

Thanks both.

[sk17aaa]

Hello everyone,

Moderators, I'm not sure whether to post in my existing thread. Apologies, if I'm breaking the forum rules.

I received ILR (Tier 2 route) last month.

My son and wife are eligible to apply for ILR in September 2020. There will be a visa renewal in Nov 2019 before ILR.

They already got 2 instance of 180+ days break already. I have discussed about this on another thread in this forum to check possible / potential issues.

Last year my father-in-law passed away and mother-in-law fell sick few months later. Yesterday my brother-in-law (wife's brother) spoke to my wife and said they can look after mother ONLY till March 2019 not any later, for various reasons. So my wife wants to go back to my country to take care of mother.

I explained her that the visa rules are getting stringent now-a-days and any more long breaks from UK will have impact on their ILR application but she is not in a position to listen. She wants to go back with or without our son. I understand that she needs to look after her mother but at the same time I dont want to jeopardize my my son's future.

Assuming, my wife goes alone on a long break (180+ days) and comes back next year in time for her renewal in Nov 2019, will it be an issue during VISA Renewal?

Can a child aged 14, stay without her mother / or other parent, for a long time?

I'm in a very difficult situation to make a decision.

Looking for suggestions. pls help.

Thanks

[zimba]

Assuming, my wife goes alone on a long break (180+ days) and comes back next year in time for her renewal in Nov 2019, will it be an issue during VISA Renewal?

We already answered this above. If the visa is issued on or after 11 Jan 2018, any absences of more than 180 days means she has to start the 5 year residence for ILR all over again.

Can a child aged 14, stay without her mother / or other parent, for a long time?

Yes. He can stay with you here and continue going to school I assume. That is certainly a better option

[sk17aaa]

Thanks Zimba for your reply.

can I keep extending their visa until my son goes 18 ( so he can apply alone), if worse comes to worst? or is there any limit ?

Thanks,

[zimba]

There is no limit. Your son can stay in the UK and apply when over 18, however he needs to prove that he is NOT living an independent life for ILR

[sk17aaa]

There is no limit. Your son can stay in the UK and apply when over 18, however he needs to prove that he is NOT living an independent life for ILR

Sorry. I'm little confused where it says "however he needs to prove that he is NOT living an independent life for ILR".

Does that means he should be living with parents (both not just one)?

thanks,

[CR001]

He cannot be leading an independent life or be married if he wishes to apply for ILR based on obs dependent. He still needs to be dependent on you, the ILR holder ideally.

[sk17aaa]

Thanks Zimba & CR001 for your advise and support.